PROCEEDINGS

	IN THE CASE OF:
	BOARD DATE:            26 August 1999                  
	DOCKET NUMBER:   AR1999020598

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell 		Chairperson	
	Mr. Samuel Calderon		Member	
	Ms. Barbara J. Ellis 		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect:  the proper reentry eligibility (RE) code; the award of the Army Commendation Medal (ARCOM); and completion of the Basic Combat Lifesavers’ Course.

3.  The applicant states that he was given an RE code of RE-4 and that this is an error and an injustice.  He adds that he was awarded the ARCOM and that he completed the Basic Combat Lifesavers’ Course.  In support, he provides a copy of his DD Form 214, a copy of the citation for his ARCOM, and DD Form 2586, Verification of Military Experience and Training.

4.  The applicant’s military records show that he enlisted in the Regular Army for 3 years on 11 May 1995.  Trained as a cannon crewmember, he was sent to Fort Hood, Texas for duty with a field artillery unit.  While at Fort Hood, he was awarded the Army Commendation Medal (ARCOM); he also received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for use of marijuana.  He was separated with a general discharge under the provisions of Chapter 14, AR 635-200, for misconduct.

5.  The applicant’s DD Form 214 reflects that he was given an RE code of RE-4. Under Block 13, Decorations, Medals, Badges (etc), he was not given credit for award of his ARCOM.  Block 14, Military Education, does not show any training.

6.  The applicant requested the Army Discharge Review Board (ADRB) upgrade of his general discharge to an honorable discharge.  On 11 March 1998, the ADRB upgraded his discharge to honorable.

7.  Pertinent Army regulations provide that, prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.  An RE-4 code means that the individual is not eligible to reenlist.

8.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received bars to reenlistment are so disqualified, as are persons discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.

9.  Army Regulation 635-5, Separation Documents, prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  The regulation provides, in pertinent part, that only formal in-service (full-time attendance) training courses successfully completed will be entered on DD Form 214.  Since this information is to assist the soldier in civilian job placement, training courses for combat-related skills will not be listed.

CONCLUSIONS:

1.  The applicant was discharged under the provisions of Chapter 14, AR 635-200 and should have received an RE-3 code according to AR 601-210.  He was erroneously given an RE-4 code.

2.  The applicant was awarded an ARCOM, but his DD Form 214 does not reflect this decoration.

3.  There is no evidence in his record, nor has the applicant provided any, to show that he attended any training other than cannon crewmember training.  This training is combat-related and not authorized for inclusion on DD Form 214.

4.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215, Correction to DD Form 214, showing his RE code as RE-3, and that he was awarded an ARCOM.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999020598	
SUFFIX		
RECON		
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.